Legal Question in Criminal Law in California
3 Strikes
We live in CA. My husband recently discharged from parole and was arrested for possession, embezzlement and larceny. He is a 2nd striker. His first 2 strikes were roberry and when he was a juvenile. do you believe the current charges will be tried as strikes even though they may not be considered violent or serious felony offenses? He is also willing to do a drug program for the possession charge. Any solutions you may provide that would eliminate 3 strikes or 25yrs to life in prison would be greatly appreciated.
He is not involved or documented as a gang member. on his prior sentences he served 3 years total.
Also will they try to put enhancements on his prior convictions if they are brought to the table as well?
3 Answers from Attorneys
Re: 3 Strikes
His current charges (possession and two theft charges) are NOT strikes. However, as felonies, they count as his third "strike" and potentially subject him to a 25-life sentence - per count.
With his record and the mix of charges, it would take some negotiating to see about any sort of a drug program. It really depends on the jurisdiction, the court, the facts of the case and any other record.
If you can afford an attorney, you should be consulting with one in your area ASAP to start working on the case.
Re: 3 Strikes
"Suggestions" and "solutions"? Yes. Get a good attorney and stop deluding yourself into believing he will simply waltz into court, sweet-talk the DA and judge, and walk out. There is no magic wand, potion or incantation that will make this disappear; only difficult legal efforts.
Yes, he faces enhancement for all prior felony strikes, that is what the 3-strikes law is all about. His attorney's challenge is to try to get the court to 'strike the strikes' for sentencing. That's what you pay the attorney the big bucks for.
If this is in SoCal, and if he is serious about hiring counsel to do this, feel free to contact me. If he can't afford private counsel, quickly get the Public Defender started.
Re: 3 Strikes
Yes, the third felony does not need to be serious or violent in order to face 25 to life. That is the uniquely harsh reality of the California 3 strikes law.
Given the nature of his offenses, something other than 25 to life sentence should be possible. For that, your husband needs a good lawyer. There is no substitutes, ifs or buts. If he cannot afford private counsel, a public defender will be provided for him.
Only a lawyer who is thoroughly familiar with the circumstances of your husband's situation, including the details of his past and present offenses, can give you any kind of opinion about what his chances and/or options are.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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